American Government and Politics Today

Chapter 3

Federalism

A Unitary System

Central government gives power to sub-national governments (counties, provinces, etc.).

Local governments typically have only those powers granted to them by the central government, rather than any reserved powers.

Especially important is the central government’s role of provider of funds.

A Confederal System

Power is retained by local or regional governments.

Example: The EU (European Union). Each country has ultimate power within the system although there is an EU parliament and other institutions that set a common European policy.

A Federal System

Divides power between the national and lower level governments.

Each government has distinct powers that the other governments cannot override.

Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.

Why Federalism?

The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.

The large geographical size of a country. State governments have served as training

grounds for national politicians and as laboratories in which new ideas can be tested.

Federalism Allows for Many Political Subcultures.

Arguments against Federalism.

The Flow of Power in Three Systems of Government

Enumerated PowersThe Necessary and Proper Clause.

Implied Powers—allow the national government to make decisions that fall outside the expressed powers.

Inherent Powers—recognized by all sovereign nations.

Powers of the National Government

Powers of State Governments

According to the Tenth Amendment, all powers that were not delegated to the national government.

In theory states still retain all powers not delegated to the national government, but in reality the national government has expanded the scope of governmental action on a grand scale.

Powers of State Governments

Police power, the authority to legislate for the protection of the health, morals, safety, and welfare of the people. In the United States, most police power is reserved to the states.

Concurrent and Prohibited Powers

Concurrent Powers

Power toTax

Power To Make and

Enforce Laws

Power To Establish

Courts

National Government

Power To Police

(Limited)

State Government

Prohibited Powers

Apply to both the national and state governments.

The national government is prohibited from taxing exports. State governments are prohibited from conducting foreign policy and from coining money.

Supremacy Clause

Article VI of the Constitution mandates that actions by the national government are supreme.

Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

Vertical Checks and Balances

Federalism can be seen as an additional way of preventing government from growing too strong, beyond the division of the national government into the legislative, executive, and judicial branches.

Interstate Relations

Article IV of the Constitution attempts to resolve potential problems between states by stipulating the following:Full faith and credit clause—

states must honor actions of other states.

Privileges and immunitiesInterstate extraditionInterstate compacts

Defining Constitutional Powers

McCulloch v. Maryland (1819). Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers.

Gibbons v. Ogden (1824). This case

set the precedent for the national government to regulate a wide range of economic activities.

States’ Rights and the Civil War

The Jacksonian Era and the shift back to States’ Rights

The Civil War and the growth of the national government

Post Civil War amendments represented a serious enhancement of national power. The national government now abolished slavery, defined who was an American citizen, and attempted (with limited success) to provide rights to the freed slaves that included the right to vote.

Dual Federalism

Emphasized dividing the state and national spheres of power into entirely separate jurisdictions.

Civil War does establish federal SUPREMACY, but …

Slaughterhouse cases – differentiated between US citizenship and state citizenship, so the 14th Amendment did not apply to state issues if they did not violate federal rights… basically civil rights were not protected in the individual states – Jim Crow and Plessy v. Ferguson

The New Deal and Cooperative Federalism

New Deal legislation vs. Dual Federalism

Cooperative federalism emphasized an expanded role for the national government, and cooperation between the national government and the states.

The New Deal and Cooperative Federalism

Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments, thus creating a cooperative framework for federalist relations. Often called picket-fence federalism.

Implementing Cooperative Federalism

Categorical Grants “Strings-Attached” Federal Grants Block Grants Federal Mandates

Central Government Spending

The Politics of Federalism

States’ rights have been associated with conservatism, and national authority has been associated with liberalism. Why?

Accomplishments of National AuthorityEconomic reliefCivil rights and the War on

Poverty States favor the status quo

Federalism Becomes a Republican Issue

“New Federalism.” Beginning with President Richard Nixon (1969–1974), the Republican Party championed devolution, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.

Under current conditions liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues.

Federalism and the Supreme Court

Reigning in the Commerce Power

Tenth Amendment Issues See the chart on p. 119 to see

how the Supreme Court has ruled on “federalism” issues over the last 10 years.

Questions for Critical Thinking

Name some examples in which the supremacy doctrine has practical effect.

Discuss the importance of the case of Gibbons v. Ogden (and the cases that were based on its principles).

What are some obstacles to devolution? Are there any disadvantages to the new federalism?